Terms and Conditions

1.1. In these Terms, the following definitions apply:

Best Industry Practice: means that degree of skill, care and foresight and operating practice that would reasonably and ordinarily be expected of a skilled and competent supplier of services engaged in the installation of the Goods under the same or similar circumstances as those contemplated by these Terms.

Business Day: means Monday to Saturday excluding national or public holidays in the United Arab Emirates.

Commercial Customer: means a Person who purchases the Goods from Oryx for installation into a third party’s property under the provisions of the Contract.

Confidential Information: means in relation to either party, information which is disclosed to that party by the other party pursuant to or in connection with these Terms (whether orally or in writing or any other medium) which is by its nature confidential or is expressly stated to be confidential or marked as such.

Contract:  means these Terms together with the Order Confirmation which set out the contract between Oryx and the Customer for the supply of the Goods.

Customer: means a Residential Customer or a Commercial Customer.

Deposit: means 50% of the total price of the Goods payable on signature of the Order Confirmation.

Delivery Location: means the location set out in the Order Confirmation for delivery of the Goods or such other location as the parties may agree in writing.

Delivery Payment: means 40% of the total price of the Goods payable prior to delivery of the Goods.

Final Payment: means 10% of the total price of the Goods payable on acceptance of the installation by the Customer if installation is by Oryx or otherwise on delivery of the Goods to the Delivery Location.

Goods: means all items (or any part of them) including, if relevant, installation, to be provided by Oryx to the Customer as set out in the Order Confirmation.

Order: means an order placed by a Customer for Goods as set out in the Order Confirmation.

Order Specification: means the description of the Goods to be supplied by Oryx as set out in the Order Confirmation, subject to the details (measurements, colours, installation methods etc) shown in the signed manufacturing drawings.

Order Confirmation: means the document provided by Oryx to the Customer setting out the Order Summary, Technical Specifications and Order Specification.

Oryx: Oryx Door Systems LLC, Unit 28, 29^th Street, Al Quoz Industrial Area 4, PO Box 282696, Dubai, United Arab Emirates.

Person: means any individual, firm, body corporate, unincorporated association, government (or government agency, department, or branch), state or agency of state, association, joint venture, partnership, limited liability partnership, trustees, representatives, administrators, heirs, executors and trusts, in each case whether or not having a separate legal personality.

Proposal: means the proposal document provided by Oryx to the Customer setting out the proposed Order Summary, Technical Specification and Order Specification.

Residential Customer: means a Person who purchases the Goods from Oryx for installation into their private residence property under the provisions of the Contract.

Specifications: means the Order Specification together with the Technical Specification.

Technical Specification: means any plans, drawings or amendments related to the Goods that are agreed in writing between the Customer and Oryx.

Total Price: means the sum of the Deposit, Delivery Payment[1], and Final Payment together with interest due and payable under clause 9.8.

Warranty Period:

Warranty Period means:

• 1 year for Commercial Customers for doors, insect screens and windows, excluding glass, weather sealant and PU expanding foam;
• Lifetime Warranty for Residential Customers for doors, insect screens and windows under 3 metres in height, excluding the glass, weather sealant and PU expanding foam, for as long as the original Residential Customer remains the owner of the property and occupies the property. The Lifetime Warranty is also available where a contractor is engaged by a Residential Customer to build the property, provided that the contractor is able to provide Oryx with the name of the contracting Residential Customer.  Where the Residential Customer sells the property or ceases to occupy the property, the Lifetime Warranty shall convert to a 10-Year Warranty (calculated from the start of the original Warranty Period); and
• 10 years for Residential Customers for doors, insect screens and windows under 3 metres in height, excluding the glass, where a contractor is engaged by a Residential Customer to build the property, but where the contractor is not able to provide Oryx with the name of the contracting Residential Customer;
• 1 year for doors, insect screens and windows above 3 metres in height, excluding the glass, weather sealant and PU expanding foam;
• 10 years for insulated glass units (IGUs) and 5 years for laminated glass units (LGUs) within the specified size limitation;
• 10 years for weather sealant and 15 years for PU expanding foam;
• 2 years for Switchable Smart Film; and
• 1 year for electrical components,

with each period commencing at the acceptance of the installation by the Customer if installation is by Oryx or otherwise on delivery of the Goods to the Delivery Location.

1.2. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

1.3. Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.

1.4. Clause headings are included for convenience only and shall not affect the interpretation of these Terms.

2.1. The Contract applies to the exclusion of any other terms that the Customer seeks to impose or incorporate.

2.2. An Order Confirmation signed by both parties constitutes an offer by the Customer to purchase the Goods and an offer by Oryx to supply the Goods in accordance with the Contract.

2.3. The Customer is responsible for ensuring that the Order Confirmation is complete and accurate.

2.4. These Terms prevail over any inconsistent terms or conditions contained in or referred to in the Proposal, Order Confirmation, invoice, other documentation, or implied by trade custom or previous course of dealing.

3.1. To the extent that the Goods are to be manufactured in accordance with a Technical Specification supplied by the Customer, the Customer shall indemnify Oryx against all liabilities, costs, expenses, damages and losses (including any direct all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Oryx in connection with any claim made against Oryx such as fitness for purpose, quality or actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with Oryx’s use of the Technical

3.2. This clause ‎3 shall survive termination of the Contract.

3.3. Oryx reserves the right to amend the Specifications if required by any applicable law or regulatory requirement or in order to conform to any manufacturing, product improvement or development plans or any safety requirements.

3.4. The Specifications (measurements, colours, installation methods etc) shown in the signed manufacturing drawings, shall, to the extent of any inconsistency, supersede those stated in the Order Confirmation.

3.5. The Customer shall give Oryx advance notice before confirming an Order if there are special circumstances relating to the installation of the Goods that may require amendment of the Order including, but not limited to, the Goods being fitted in a property which in close proximity to the sea. The Customer acknowledges and agrees that in such circumstances the Goods may require additional features including special finishes and hardwearing components.

4.1. Oryx shall ensure that:

• 4.1.1. Each delivery of the Goods is accompanied by a delivery note which shows the date of delivery all relevant Customer and Oryx reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and
• 4.1.2. If Oryx requires the Customer to return any packaging materials to Oryx, that fact is clearly stated in the delivery note. The Customer shall make any such packaging materials available for collection at such times as Oryx shall reasonably request. Returns of packaging materials shall be at Oryx’s expense.

4.2. Oryx shall deliver the Goods to the Delivery Location. Oryx shall give the Customer not less than 2 Business Days’ notice of the proposed delivery date of the Goods.

4.3. Where Oryx is not undertaking the installation of the Goods, delivery of the Goods[1] shall be completed upon the Goods’ arrival at the Delivery Location. Where Oryx is undertaking the installation of the Goods, delivery of the Goods[2] shall be completed upon completion of the installation in accordance with the Specifications (as determined by Oryx acting reasonably).

4.4. The Customer shall ensure Oryx’s access to the Delivery Location in order to effect delivery of the Goods and, where Oryx is not undertaking the installation of the Goods, the Customer shall be responsible for off-loading the Goods immediately on delivery.

4.5. Any times quoted for delivery are approximate only, and the time of delivery is not of the essence. Oryx shall not be liable for any delay in delivery of the Goods.

4.6. It is intended that your Goods are delivered directly to the Delivery Location as soon as they are available, and any Delivery Payment is made upon delivery, or in advance of delivery. If a Delivery Location is not ready, and we have to store your order, the Delivery Payment must still be made, and you will be able to inspect the consignment.  If a Delivery Location is not ready, and we must store your order, additional costs will be incurred by you for storage. Oryx will not be held responsible for any damage to Goods or glass kept in storage. Storage Charges: AED 155/sqm per month (or part thereof) of storage commencing 3 weeks after the end of the stated delivery date in the Order Confirmation and starting at a minimum charge of AED 500. Additional transportation and handling charges may be charged at Oryx’s discretion. A storage quotation will be provided upon request and all charges must be paid before the delivery of Goods to the Delivery Location.

4.7. Notwithstanding clause 7 Customer shall immediately notify Oryx of any defect in the Goods including if the Goods delivered are not in accordance with the Specifications.

4.8. If Customer fails to give such notification then, except in respect of any defect which is not one which would be apparent on reasonable inspection, the Goods shall be deemed to be in all respects in accordance with the Specifications, and accordingly, the Customer shall be deemed to have accepted the delivery of the Goods in question and Oryx shall have no liability to Customer with respect to that delivery.

4.9. Upon notification, and subject to Goods not being in accordance with the Specifications (as determined by Oryx acting reasonably), Oryx shall as soon as reasonably practicable, supply replacement Goods which are in accordance with the Specifications (in which event Oryx shall not be deemed to be in breach of these Terms or have any liability to Customer). If Oryx notifies the Customer that it is unable to supply replacement Goods in accordance with the Specifications the Goods will be deemed cancelled from the Order, any applicable part of the Deposit refunded by Oryx, the Customer shall be entitled to obtain alternative goods from elsewhere, and Oryx will have no further liability to the Customer.

5.1. Glass Standard – UAE Building Regulations specify minimum thermal properties for glass that vary and are dependent upon the size of the building and the overall area of glass used on the external facades. Oryx bears no responsibility for and will not be held liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these calculations and recommends that customers seek advice from a qualified architect, or follows guidance from their developer.

5.2. Glass Defects and Tolerances – By international quality standards, any permanent mark or scratch on the glass surface, not visible from three metres, is considered acceptable. Oryx follows the ASTMC & EN protocols that are globally accepted in the Glass and Architectural Industries in the region. View the Summary of Glass Defects and Tolerances for more details. Oryx will follow these standards in all disputes. Glass defects and tolerances within the acceptable defect range are not covered under the glass warranty.

5.3. Drainage – Our doors and windows will not withstand standing water. The recommended finished floor level on the outside shall be lower than the inside floor level. The water drains on the door tracks are to be left clear at all times. The floor on the outside should slope downwards, away from the doors and any additional flood defences (such as drainage for flush threshold doors and any overhangs above the doors and windows), should be arranged by the contractor. Oryx will not be held responsible for, or held liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any water seeping in through the doors due to the drain being blocked partially/fully or due to standing water around the doors.

5.4. Testing – Oryx has not allowed for structural calculations or any kind of formal testing like Air Permeability, Water Tightness, Wind Resistance, Acoustic Rating, or as required by the Dubai Development Authority, unless otherwise confirmed in writing. Test certificates are available upon request and all the applicable fees shall be paid by the Customer.

5.5. Unless otherwise stated, Oryx uses the super durable finish (SDF) powder coating on all door and window frames. There may be a slight change in the colour of the frames, over time, due to their exposure to extreme weather conditions and direct sunlight. Black, dark colours, and those with a high gloss level are always liable to the effects of direct sun. Click HERE to view the acceptable RAL colour tolerances after weather testing.  

5.6. Unless otherwise stated, Oryx uses all-weather silicone sealant for glazing and polyurethane (PU) expanding foam for filling and insulating gaps between openings and door/window frames.

6.1. Where specified in the Order Confirmation, Oryx will install the Goods at premises located in the United Arab Emirates. Oryx will not install Goods in other locations unless otherwise agreed in writing. For the purposes of these Terms, installation work shall exclude fixing or amending pre-existing aluminium structures, beyond the removal of pre-existing aluminium door/window frames prior to the installation of the Goods.

6.2. Before starting all installation work, Oryx will conduct a thorough site survey and will determine whether any special circumstances require additional risk assessments and method statements for the work. Please follow the links to the Oryx Risk Assessment and Method Statement describing the scope of our work

6.3. Where installation of the Goods is undertaken by Oryx, the installation work will be performed in accordance Best Industry Practice and the agreed scope of work. Oryx will not be held responsible for, or held liable, whether in contract, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with:
6.3.1. the installation of the Goods;
6.3.2. any out-of-scope work undertaken at the Customer’s request; or
6.3.3. the condition of any pre-existing aluminium structures.

6.4. It is intended that installation commences within 3 weeks of the availability of the Goods. If the installation site is not ready by the proposed installation date, then the final installation date will be subject to the availability of our installation team.

6.5. An operational guide is also supplied with the Goods and it is the Customer’s responsibility to ensure all users of the Goods are made aware of the operational guide prior to their use of the Goods

7.1. Oryx provides a Warranty with respect to the Goods on the terms set out in Schedule 1.

7.2. Georgian bars, or decorative glazing strips, that are sandwiched between the glass, or stuck on the glass using double-sided tape, are excluded from any warranty provided by Oryx. Under severe heat, these bars may become unstuck or may become brittle and break.

7.3. Except as set out in these Terms, all warranties, conditions and other terms implied by law are to the fullest extent permitted excluded.

8.1. Title to the Goods shall not pass to the Customer until Oryx has received the Total Price (in cash or cleared funds) for the Goods and any other goods or services that Oryx has supplied to the Customer in respect of which payment has become due. Until title to the Goods has passed to the Customer, the Customer shall hold the Goods on a fiduciary basis as Oryx’s bailee; store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as Oryx’s property; not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; maintain the Goods in a safe and satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

9.1. The price to be paid by the Customer to Oryx for the Goods shall be as set out in the Order Confirmation.

9.2. Oryx may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to any factor beyond Oryx’s control (including foreign exchange increases in labour, materials and other manufacturing costs); or any request by the Customer to change quantities or types of Goods ordered or the Specification.

9.3. The price of the Goods is inclusive of the costs and charges of packaging and transport of the Goods to the Delivery Location.

9.4. The Customer shall pay the Deposit, Delivery Payment and Final Payment in cleared funds.

9.5. Payment shall be made to the bank account nominated in writing by Oryx.

9.6. Time of payment is of the essence.

9.7. If the Customer fails to make any payment due to Oryx under these Terms by the due date for payment then the Customer shall pay interest on the overdue amount at the rate of 10% per annum on the overdue amount.

9.8. The Customer shall pay all amounts due under these Terms in full without any deduction or withholding set-off or counterclaim. Oryx may at any time set off any amount owing to it by the Customer against any amount payable by Oryx to the Customer.

9.9. Cash, cheques, Visa or MasterCard debit and credit cards in AED will be accepted for payment. All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented, or leased to any third parties. Oryx will not accept cash payments of more than 50,000 AED.

9.10. We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of the UAE.

9.11. Cardholders must retain a copy of transaction records and Oryx policies and rules.

9.12. The Customer is responsible for maintaining the confidentiality of their account.

9.13. Oryx takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, we cannot guarantee the security of any information that is disclosed online.

9.14. Oryx is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.

10.1. The Contract shall come into force on the date of signature of the Order Confirmation and shall continue until Oryx has received the Total Price for the Goods.

10.2. The Customer may cancel or change all or part of the Goods in the Order Confirmation with the written consent of Oryx. If at any time after the Order has been placed Oryx consents to a cancellation or change, the Customer shall pay all costs incurred by Oryx up to the date of cancellation or change. The customer shall also pay for cancellations or changes made after placing the order, but before production. Where Oryx has used resources including more than 5 Order Confirmation drawing revisions or work done by the procurement department, the amount charged will be based on the time spent and at Oryx’s discretion.

10.3. The Customer may terminate the Contract where there has been a material breach by Oryx and such breach is not remedied within 28 days from the Customer requiring Oryx to do so.

10.4. Oryx may terminate the Contract if the following occurs:

• 10.4.1. The Customer is unable to pay its debts, becomes bankrupt or enters into administration or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
• 10.4.2. An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or
• 10.4.3. If the Customer ceases or threatens to cease, to carry on business; or
• 10.4.4. The Customer does not pay an Oryx invoice within 60 days from the date of that invoice.

10.5. Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which survive termination shall continue in full force and effect.

11.1. Each Party undertakes that, except as provided by Clause 2 or as authorised in writing by the other party, it shall, at all times during the continuance of these Terms and 5 years after termination:

• 11.1.1. Keep confidential all Confidential Information;
• 11.1.2. Not disclose any Confidential Information to any other party;
• 11.1.3. Not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms;
• 11.1.4. Not make any copies of, record in any way or part with possession of any Confidential Information; and
• 11.1.5. Ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of Clauses 1.1-11.1.4 above.

11.2. Either Party may disclose any Confidential Information to:

• 11.2.1. Any sub-contractor or supplier of that party;
• 11.2.2. Any governmental or other authority or regulatory body; or
• 11.2.3. Any employee or officer of that party or of any of the aforementioned persons, parties or bodies; to such extent only as is necessary for the purposes contemplated by these Terms (including the supply of the Goods), or as required by law.  In each case that party shall first inform the Person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body set out in Clause 11.2.2 or any employee or officer of any such body) obtain and submit to the other party a written confidentiality undertaking from the party in question.

11.3. Either party may use any Confidential Information for any purpose, or disclose it to any other Person, to the extent that at the date of these Terms, or at any time after it becomes public knowledge through no fault of that party. In making such use or disclosure, that party must not disclose any part of the Confidential Information which is not public knowledge.

11.4. The provisions of this Clause 11 shall continue in force for a period of 5 years after termination of these Terms for any reason.

12.1. Customer shall indemnify Oryx against all actions, proceedings, claims, demands, costs, awards, losses or damages howsoever arising, as a result of any claim made by a third party against Customer or Oryx for the infringement of intellectual property rights arising out of, or in connection with, the Goods to the extent that such a claim is attributable to Customer, its employees, agents or subcontractors’ use of any name, brand, logo, or trade mark (registered or otherwise) or another identifier in relation to the Goods which in any way differs from, is additional to, or in place of that applied to the Goods supplied to Customer by Oryx.

12.2. The indemnities set out in Clauses 1 and 12.1 shall apply provided that:

• 12.2.1.Oryx gives written notice to the Customer of any claim or proceeding as soon as is reasonably practicable following receipt of it;
• 12.2.2. Oryx makes no admission of liability, agreement or compromise and gives the Customer sole authority to defend or settle the claim or proceedings at that party’s cost and expense; and
• 12.2.3. Oryx gives the Customer all reasonable information, access and assistance in connection with any such claims or proceedings at that the Customer’s cost and expense.

12.3. Notwithstanding the provisions of Clause 2.2, a party may nevertheless settle a claim without the other party’s involvement or consent (but subject to giving that party prior written notice of the terms of any such settlement) if it reasonably believes that failure to do so would be in any material way prejudicial to it.

12.4. Nothing in this Clause 12 shall restrict either party’s general duty at law to mitigate losses that it may suffer or incur as a result of any matters that may give rise to a claim under this Clause 12.

13.1. Nothing in these Terms shall limit or exclude either party’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable) or for any fraud, fraudulent misrepresentation, deliberate default or wilful misconduct.

13.2. Oryx shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms and the Order Confirmation.

13.3. Oryx’s total liability to the Customer in respect of all other losses arising under or in connection with these Terms and the Order Confirmation, whether in contract, tort (including negligence) or damage to property shall not exceed the price of the Goods.

14.1. Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen and includes, but shall not be limited to strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict,  breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, fire, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

15.1. Assignment and subcontracting.

Oryx may at any time assign, transfer, charge, or subcontract its rights or obligations under these Terms to a third party. The Customer may not assign, transfer, charge or subcontract its rights or obligations under these Terms without the prior written consent of Oryx.

15.2. Notices

All notices are deemed to be served on a party if sent by courier or fax to the other party’s address as provided in the Order Confirmation or any subsequent address from time to time notified to the other party.  A notice sent by courier will be deemed to have been served upon signing a courier receipt following delivery.  A notice sent by fax will be deemed to have been served at the time of successful transmission, provided a confirmatory copy is also sent by post.

15.3. Severance

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

15.4. Waiver

A waiver of any right or remedy under these Terms will only be effective if given in writing. No failure or delay by a party to exercise any right or remedy shall be deemed a waiver of any subsequent breach or default.  No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

15.5. Relationship of the Parties.

Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in these Terms.

15.6. Third Party Rights.

A Person who is not a party to these Terms shall not have any rights under or in connection with them.

15.7. Variation

Except as set out in these Terms, any variation to these Terms or to the Order Confirmation, including the introduction of any additional terms and conditions, shall only be binding unless agreed in writing and signed by the authorised representatives of each party.

15.8. Entire Agreement.

These Terms and the Order Confirmation constitute the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation otherwise made or given by or on behalf of Oryx.

15.9. Jurisdiction

Any dispute arising out of or in connection with this Contract, or the transactions contemplated by this Agreement, including any question regarding its existence, validity or termination, which cannot be resolved amicably between a senior representative of each party within fifteen (15) days from the date notice was given by one party to the other party, shall be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre. For disputes under AED1,000,000 in value, the Parties agree to exclusively hear the matter in the Small Claims Tribunal at the Dubai International Financial Centre Courts.

15.10. Governing Law

Any dispute or claim arising out of or in connection with the Contract shall be governed by the laws of England and Wales.

15.11. Survival

Notwithstanding clause 10, the provisions of the following Clauses shall survive termination or expiry of these Terms however and whenever occurring and shall continue in force in accordance with their terms: Clause 11 (Confidentiality), Clause 12 (Indemnity) and Clause 7 (Product Warranty).

15.12. Other Activity

Staff from Oryx Door Systems LLC take part in business meetings with associates, customers, and suppliers.  Oryx also hosts a monthly meeting under the working title “Build Dubai.”  The company makes no profit from this, and all guests pay for their own food and refreshments.  The events are usually booked under the name of Oryx Door Systems LLC, without any liability for, or to, other guests or the host venue.

1. Oryx warrants at its sole discretion to repair or replace Goods (subject to availability of materials and stock) at no cost to the Customer if the Goods have any defects in design, material and workmanship during the Warranty Period.

2. To be eligible for a claim under this Warranty the Customer must:

i) within 7 Business Days of discovery of any defect give notice in writing of such defect to Oryx;

ii) provide Oryx with a reasonable opportunity of examining such affected Goods; and

iii) have paid the Total Price by the due date for payment.

3. Oryx may, at its sole discretion, repair the defect up to a cost equal to the original purchase price paid for the affected Goods.

4. If Oryx decides, at its sole discretion, that the affected Goods cannot be repaired or it is uneconomical to repair them then Oryx will replace the affected Goods with Goods of the same or similar make and specification (subject to market availability). All replaced or repaired Goods shall be warranted for the unexpired portion of the Warranty Period.

5. This Warranty only applies to Goods:

i) purchased from Oryx;

ii) unless otherwise agreed in writing, installed in the United Arab Emirates; and

iii) which have not been moved from their original place of installation or at any time reinstalled.

iv) installed by Oryx, within the recommended installation standard e.g. doors, windows and insect screens under 3 metres in height.

6. The Customer acknowledges that whilst every attempt is made to match colours on the Goods, slight variations may occur. During the Warranty Period finishes may be impacted by weathering. Oryx shall not be responsible or liable for any such colour variations or weathering of finishes on the Goods.

7. This Warranty is only transferrable to subsequent owners of the property to which the Goods were originally installed. This Warranty will not be transferrable in any other circumstances. For the avoidance of doubt, where a Residential Customer has a Lifetime Warranty and the Residential Customer sells or ceases to occupy the property (including tenanting or leasing the property) the Lifetime Warranty shall convert to a 10 year Warranty (calculated from the start of the original Warranty Period).

8. This Warranty does not apply to:

i) Goods which are purchased second hand or through private sales separately from the property to which they were originally installed;

ii) glass defects within the range of  acceptable defects, spontaneous glass breakage due to Nickel Sulphide inclusion or otherwise, damage caused by water and use in sloped glazing installations, laminated glass units with open edges and near the seafront, glass units with breather tubes, glass units with acoustic PVB, glass units using the modified Schuco spacer or other customer supplied components, and glass units below or above the specified size limitation;

iii) Goods which have glass installed, or any parts or components supplied, by a party other than Oryx;

iv) Items sandwiched between the glass or stuck on the glass using double-sided tape including Georgian bars, or decorative glazing strips;

v) Good installed by a third party; or

vi) Goods installed by Oryx, but against the recommended installation standard.

9. Oryx is not liable for any form of decoration or making good associated with the repairing or replacing of Goods.

10. If Oryx determines, at its sole discretion, that a replacement Good is not available in the same colour and/or finish as the Good covered by this Warranty, then Oryx reserves the right to provide a replacement Good of a colour and/or finish which is as close as reasonably possible in satisfaction of Oryx’s obligations under this Warranty.

11. In the event of replacement, the Customer may dispose of the defective Goods as they wish at their own cost.

12. The Customer will ensure Oryx has access to the property where the defective Goods are located as reasonably required by Oryx and Oryx will require a reasonable period of time to carry out any repairs or supply and install any replacement Goods.

13. To the extent permitted by law, Oryx will not be liable in respect of the Warranty if a defect arises:

i) because the Customer failed to follow Oryx’s oral or written instructions as to the storage, installation, use, and maintenance of the Goods;

ii) if the Customer alters or repairs the Goods without the written consent of Oryx or the Customer uses the Goods for any purpose or usage other than for which they were designed;

iii) as a result of wilful, malicious or accidental damage, improper use, negligence, or abnormal storage or working conditions;

iv) as a result of damage caused by fire or explosion;

vi) as a result of the Goods having not been installed by Oryx;

vii) if the Customer is in breach of these Terms; and

viii)  because of any act of God, war, natural occurrences or any other circumstances outside Oryx’s control.

14. All benefits under this Warranty will be forfeited if a fraudulent declaration or claim is made.

15. If any Warranty claim is invalid, Oryx is entitled to charge for any costs and expenses incurred in investigating the claim and charge for any repairs or replacements made.

16. Oryx will not be liable to the Customer for any loss of income or revenue, loss of profit, loss of business, loss of anticipated savings, loss of data or any waste of time.